Decision that Use of Official Marks not Established Upheld

  • October 28, 2015

Kitasoo First Nation v. Urban Distillers, 2015 FCA 233 (Gauthier J.A., Webb, J.A., Gleason J.A.)

October 28, 2015

Bruce M. Green for the Appellant
James J.D. Wagner for the Respondent

In the context of an action by the Kitasoo Band Counsel and the City of Terrace regarding their official marks, the Federal Court of Appeal decided on the appeal of a summary judgment motion brought by Kitasoo Band Counsel.

The Federal Court of Appeal did not find that the Federal Court made a palpable and overriding error in finding that the applicants failed to establish use of the official marks at the relevant dates, and therefore found that the marks could not be enforced against the respondent.

By: Greg Beach, Belmore Neidrauer LLP